The Civil Aviation (Air Travel Organisers’ Licensing) (Amendment) Regulations 2018

Packages and procuring or facilitating flight accommodation

6.  After regulation 4 insert—

“Definition of package

4A.— (1) In these Regulations, subject to paragraph (2), a “package” means a combination of at least two different types of travel service for the purpose of the same trip or holiday, if—

(a) those services are combined by one trader, including at the request of, or in accordance with, the selection of the traveller, before a single contract on all services is concluded; or

(b) those services are—

(i) purchased from a single point of sale and those services have been selected before the traveller agrees to pay,

(ii) offered, sold or charged at an inclusive or total price,

(iii) advertised or sold under the term “package” or under a similar term,

(iv) combined after the conclusion of a contract by which the trader entitles the traveller to choose among a selection of different types of travel services, or

(v) purchased from separate traders through linked online booking processes where—

(aa) the traveller’s name, payment details and e-mail address are transmitted from the trader with whom the first contract is concluded to another trader or traders; and

(bb) a contract with the latter trader or traders is concluded at the latest 24 hours after the confirmation of the booking of the first travel service,

irrespective of whether the traveller concludes separate contracts with individual travel service providers.

(2) A combination of travel services where not more than one type of travel service as referred to in sub-paragraphs (a), (b) or (c) of the definition of “travel service”, in regulation 4(1), (“the principal travel service”) is combined with one or more tourist services referred to in sub-paragraph (d) of that definition is not a package if the latter services—

(a) do not account for a significant proportion of the value of the combination and are not advertised as, and do not otherwise represent, an essential feature of the combination; or

(b) are selected and purchased after the performance of the principal travel service has started.

(3) In this regulation—

“point of sale” means—

(a)

any retail premises, whether movable or immovable;

(b)

a retail website or similar online sales facility, including where retail websites or online sales facilities are presented to travellers as a single facility; or

(c)

a telephone service.

Procuring flight accommodation and facilitating its availability

4B.   These Regulations (other than regulations 9 and 16) apply to—

(a) the procuring of flight accommodation on behalf of a consumer in circumstances where regulation 9A(1) applies; and

(b) facilitating the making available of flight accommodation by another person in circumstances where regulation 9B(1) applies;

as they apply to the activity of making available flight accommodation and references to making available flight accommodation, and similar expressions, in these Regulations (other than in regulations 9 and 16) are to be read as including these activities.”